与生物剽窃作斗争

渥太华——1999年4月,美国公民兼种子公司所有人Larry Proctor从美国专利商标局(USPTO)获得一项专利,掌握对一种墨西哥黄豆的所有权。那项专利授予Proctor对一种名叫“Enola”的黄豆品种的独家所有权。这项决定是知识产权体系建立以来最令人气愤的生物剽窃事件。

Protor被授予专利的黄豆是一种源于墨西哥的作物种类,几百年来一直是人类的共有财产。生活在墨西哥的墨西哥人和美国的美籍墨西哥人普遍食用这种名叫Mayocoba、Canario或Peruano的黄豆。

虽然这种豆可以在公开种子展上买到,但在农民和民间团体的大规模抗议和国际机构的干涉下,却耗费了整整十年时间、数十万美元、历经连续五次司法判决才最终于2009年7月由美国专利商标局废除这项专利权。但彼时Proctor已经在专利寿命过半的时间内对这种黄豆的生产、销售和营销推广行使完全的垄断权。

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